History of the Negro Race in America from 1619 to 1880
Chapter 79 : The Thirty-first Congress was three weeks attempting an organization, and at last effec

The Thirty-first Congress was three weeks attempting an organization, and at last effected it by the election of a Southerner to the Speakers.h.i.+p, the Hon. Howell Cobb, of Georgia. President Zachary Taylor had called the attention of Congress to the admission of California and New Mexico into the Union, in his message to that body upon its a.s.sembling. On the 4th of January, 1850, Gen. Sam. Houston, United States Senator from Texas, submitted the following proposition to the Senate:

"WHEREAS, The Congress of the United States, possessing only a delegated authority, has no power over the subject of negro slavery within the limits of the United States, either to prohibit or to interfere with it in the States, territories, or districts, where, by munic.i.p.al law, it now exists, or to establish it in any State or territory where it does not exist; but as an a.s.surance and guarantee to promote harmony, quiet apprehension, and remove sectional prejudice, which by possibility might impair or weaken love and devotion to the Union in any part of the country, it is hereby

"_Resolved_, That, as the people in territories have the same inherent rights of self-government as the people in the States, if, in the exercise of such inherent rights, the people in the newly acquired territories, by the annexation of Texas and the acquisition of California and New Mexico, south of the parallel of thirty-six degrees and thirty minutes of north lat.i.tude, extending to the Pacific Ocean, shall establish negro slavery in the formation of their State governments, it shall be deemed no objection to their admission as a State or States into the Union, in accordance with the Const.i.tution of the United States."

On the 29th of January, Henry Clay, of Kentucky, submitted to the United States Senate the following propositions looking toward an amicable adjustment of the entire slavery question:

"1. _Resolved_, That California, with suitable boundaries, ought, upon her application, to be admitted as one of the States of this Union, without the imposition by Congress of any restriction in respect to the exclusion or introduction of slavery within those boundaries.

"2. _Resolved_, That as slavery does not exist by law, and is not likely to be introduced into any of the territory acquired by the United States from the republic of Mexico, it is inexpedient for Congress to provide by law either for its introduction into, or exclusion from, any part of the said territory; and that appropriate territorial governments ought to be established by Congress in all the said territory not a.s.signed as within the boundaries of the proposed State of California, without the adoption of any restriction or condition on the subject of slavery.

"3. _Resolved_, That the western boundary of the State of Texas ought to be fixed on the Rio del Norte, commencing one marine league from its mouth, and running up that river to the southern line of New Mexico, thence with that line eastwardly, and so continuing in the same direction to the line as established between the United States and Spain, excluding any portion of New Mexico, whether lying on the east or west of that river.

"4. _Resolved_, That it be proposed to the State of Texas, that the United States will provide for the payment of all that portion of the legitimate and _bona-fide_ public debt of that State contracted prior to its annexation to the United States, and for which the duties on foreign imports were pledged by the said State to its creditors, not exceeding the sum of---- dollars, in consideration of the said duties so pledged having been no longer applicable to that object after the said annexation, but having thenceforward become payable to the United States; and upon the condition, also, that the said State of Texas shall, by some solemn and authentic act of her Legislature, or of a convention, relinquish to the United States any claim which she has to any part of New Mexico.

"5. _Resolved_, That it is inexpedient to abolish slavery in the District of Columbia whilst that inst.i.tution continues to exist in the State of Maryland, without the consent of that State, without the consent of the people of the District, and without just compensation to the owners of slaves within the District.

"6. _But Resolved_, That it is expedient to prohibit within the District, the slave-trade in slaves brought into it from States or places beyond the limits of the District, either to be sold therein as merchandise, or to be transported to other markets without the District of Columbia.

"7. _Resolved_, That more effectual provision ought to be made by law, according to the requirement of the Const.i.tution, for the rest.i.tution and delivery of persons bound to service or labor in any State, who may escape into any other State or territory in the Union. And

"8. _Resolved_, That Congress has no power to prohibit or obstruct the trade in slaves between the slave-holding States, but that the admission or exclusion of slaves brought from one into another of them, depends exclusively upon their own particular laws."

Senator Bell, of Tennessee, offered a series of resolutions on the same question on the 28th of February, containing nine resolves. As usual, on all propositions respecting slavery, the debate was protracted, earnest, and able. The Clay resolutions attracted most attention. Jefferson Davis, of Mississippi, said:

"Sir, we are called upon to receive this as a measure of compromise! As a measure in which we of the minority are to receive nothing. A measure of compromise! I look upon it as but a modest mode of taking that, the claim to which has been more boldly a.s.serted by others; and, that I may be understood upon this question, and that my position may go forth to the country in the same columns that convey the sentiments of the Senator from Kentucky, I here a.s.sert, that never will I take less than the Missouri compromise line extended to the Pacific Ocean, with the specific recognition of the right to hold slaves in the territory below that line; and that, before such territories are admitted into the Union as States, slaves may be taken there from any of the United States at the option of the owners. I can never consent to give additional power to a majority to commit further aggressions upon the minority in this Union, and will never consent to any proposition which will have such a tendency, without a full guaranty or counteracting measure is connected with it."

A number of very able speeches were made on the resolutions of Mr.

Clay, but the most characteristic one--the one most thoroughly representing the sentiment of the South--was made by John C. Calhoun.

He said:

"The Union was in danger. The cause of this danger was the discontent at the South. And what was the cause of this discontent? It was found in the belief which prevailed among them that they could not, consistently with honor and safety, remain in the Union. And what had caused this belief? One of the causes was the long-continued agitation of the slave question at the North, and the many aggressions they had made on the rights of the South. But the primary cause was in the fact, that the equilibrium between the two sections at the time of the adoption of the Const.i.tution had been destroyed. The first of the series of acts by which this had been done, was the ordinance of 1787, by which the South had been excluded from all the northwestern region. The next was the Missouri compromise, excluding them from all the Louisiana territory north of thirty-six degrees thirty minutes, except the State of Missouri,--in all 1,238,025 square miles, leaving to the South the southern portion of the original Louisiana territory, with Florida, to which had since been added the territory acquired with Texas,--making in all but 609,023 miles. And now the North was endeavoring to appropriate to herself the territory recently acquired from Mexico, adding 526,078 miles to the territory from which the South was, if possible, to be excluded. Another cause of the destruction of this equilibrium was our system of revenue (the tariff), the duties falling mainly upon the Southern portion of the Union, as being the greatest exporting States, while more than a due proportion of the revenue had been disbursed at the North.

"But while these measures were destroying the equilibrium between the two sections, the action of the government was leading to a radical change in its character. It was maintained that the government itself had the right to decide, in the last resort, as to the extent of its powers, and to resort to force to maintain the power it claimed. The doctrines of General Jackson's proclamation, subsequently a.s.serted and maintained by Mr.

Madison, the leading framer and expounder of the Const.i.tution, were the doctrines which, if carried out, would change the character of the government from a federal republic, as it came from the hands of its framers, into a great national consolidated democracy."

Mr. Calhoun also spoke of the anti-slavery agitation, which, if not arrested, would destroy the Union; and he pa.s.sed a censure upon Congress for receiving abolition pet.i.tions. Had Congress in the beginning adopted the course which he had advocated, which was to refuse to take jurisdiction, by the united voice of all parties, the agitation would have been prevented. He charged the North with false professions of devotion to the Union, and with having violated the Const.i.tution. Acts had been pa.s.sed in Northern States to set aside and annul the clause of the slavery question, with the avowed purpose of abolis.h.i.+ng slavery in the States, which was another violation of the Const.i.tution. And during the fifteen years of this agitation, in not a single instance had the people of the North denounced these agitators.

How then could their professions of devotion to the Union be sincere?

Mr. Calhoun disapproved both the plan of Mr. Clay and that of President Taylor, as incapable of saving the Union. He would pa.s.s by the former without remark, as Mr. Clay had been replied to by several Senators. The Executive plan could not save the Union, because it could not satisfy the South that it could safely or honorably remain in the Union. It was a modification of the Wilmot proviso, proposing to effect the same object, the exclusion of the South from the new territory. The Executive proviso was more objectionable than the Wilmot. Both inflicted a dangerous wound upon the Const.i.tution, by depriving the Southern States of equal rights as joint partners in these territories; but the former inflicted others equally great. It claimed for the inhabitants the right to legislate for the territories, which belonged to Congress. The a.s.sumption of this right was utterly unfounded, unconst.i.tutional, and without example. Under this a.s.sumed right, the people of California had formed a const.i.tution and a State government, and appointed Senators and Representatives. If the people as adventurers had conquered the territory and established their independence, the sovereignty of the country would have been vested in them. In that case they would have had the right to form a State government, and afterward they might have applied to Congress for admission into the Union. But the United States had conquered and acquired California; therefore, to them belonged the sovereignty and the powers of government over the territory. Michigan was the first case of departure from the uniform rule of acting. Hers, however, was a slight departure from established usage. The ordinance of 1787 secured to her the right of becoming a State when she should have 60,000 inhabitants. Congress delayed taking the census. The people became impatient; and after her population had increased to twice that number, they formed a const.i.tution without waiting for the taking of the census; and Congress waived the omission, as there was no doubt of the requisite number of inhabitants. In other cases there had existed territorial governments.

Having shown how the Union could not be saved, he then proceeded to answer the question how it could be saved. There was but one way certain. Justice must be done to the South, by a full and final settlement of all the questions at issue. The North must concede to the South an equal right to the acquired territory, and fulfil the stipulations respecting fugitive slaves; must cease to agitate the slave question, and join in an amendment of the Const.i.tution, restoring to the South the power she possessed of protecting herself, before the equilibrium between the two sections had been destroyed by the action of the government.

Here was a clear statement of the position and feelings of the South respecting slavery. The ordinance of 1787 and the Missouri compromise of 1820 "were destroying the equilibrium between the _two sections_!"

And the anti-slavery agitation, "if not arrested, would destroy the Union!" The sophistry of Calhoun sought a reasonable excuse for the South to dissolve the Union. In a speech of his, written during a spell of sickness, and read by Mr. Mason, of Virginia, he referred to Was.h.i.+ngton as "the ill.u.s.trious Southerner." When it was read in the Senate Mr. Ca.s.s said:

"Our Was.h.i.+ngton--the Was.h.i.+ngton of our whole country--receives in this Senate the epithet of 'Southerner,' as if that great man, whose distinguished characteristic was his attachment to his country, and his whole country, who was so well known, and who, more than any one, deprecated all sectional feeling and all sectional action, loved Georgia better than he loved New Hamps.h.i.+re, because he happened to be born on the southern bank of the Potomac. I repeat, sir, that I heard with great pain that expression from the distinguished Senator from South Carolina."

There was certainly no ground for reasonable complaint on the part of the South. From the convention that framed the Federal Const.i.tution, through all Congressional struggle, and in national politics as well, the South had secured nearly all measures asked for. And the discussion in Congress at this time was intended to divert attention from the real object of the South. Another fugitive-slave law was demanded by the South, and the Northern members voted them the right to hunt slaves upon free soil. The law pa.s.sed, and was approved on the 18th of September, 1850.

It was difficult to choose between the Democratic and Whig parties by reading the planks in their platforms referring to the subject of slavery. On the 1st of June, 1852, the Democratic Convention, at Baltimore, Maryland, nominated Franklin Pierce, of New Hamps.h.i.+re, for the Presidency, on the forty-ninth ballot. This plank defined the position of that party on the question of slavery.

"That Congress has no power under the Const.i.tution to interfere with or control the domestic inst.i.tutions of the several States, and that such States are the sole and proper judges of every thing appertaining to their own affairs, not prohibited by the Const.i.tution; that all efforts of the abolitionists, or others, made to induce Congress to interfere with questions of slavery, or to take incipient steps in relation thereto, are calculated to lead to the most alarming and dangerous consequences; and that all such efforts have an inevitable tendency to diminish the happiness of the people, and endanger the stability and permanency of the Union, and ought not to be countenanced by any friend of our political inst.i.tutions.

"That the foregoing proposition covers, and was intended to embrace, the whole subject of slavery agitation in Congress; and therefore the Democratic party of the Union, standing on this national platform, will abide by and adhere to a faithful execution of the acts known as the compromise measures settled by the last Congress--the act for reclaiming fugitives from service or labor included; which act being designed to carry out an express provision of the Const.i.tution, can not with fidelity thereto be repealed, nor so changed as to destroy or impair its efficiency.

"That the Democratic party will resist all attempts at renewing, in Congress or out of it, the agitation of the slavery question, under whatever shape or color the attempt may be made."

The Whig party, at the same city, in convention a.s.sembled, on the 16th of June, 1852, nominated Gen. Winfield Scott, for the Presidency, on the fifty-third ballot. The Whig party declared its position on the slavery question as follows:

"That the series of acts of the Thirty-first Congress--the act known as the fugitive-slave law included--are received and acquiesced in by the Whig party of the United States, as a settlement in principle and substance of the dangerous and exciting question which they embrace; and so far as they are concerned, we will maintain them and insist on their strict enforcement, until time and experience shall demonstrate the necessity of further legislation, to guard against the evasion of the laws on the one hand, and the abuse of their powers on the other, not impairing their present efficiency; and we deprecate all agitation of the question thus settled, as dangerous to our peace; and will discountenance all efforts to continue or renew such agitation whenever, wherever, or however the attempt may be made; and we will maintain this system as essential to the nationality of the Whig party of the Union."

The political contest ended in the autumn in favor of Mr. Pierce. The public journals in many parts of the country thought the end of the "slavery question" had come, and that as the Whigs were determined to "discountenance all efforts to continue or renew" the agitation of the subject, there was no fear of sectional strife.

In his inaugural address, March 4, 1853, President Pierce said:

"I believe that involuntary servitude is recognized by the Const.i.tution. I believe that the States where it exists are ent.i.tled to efficient remedies to enforce the const.i.tutional provisions. I hold that the compromise measures of 1850 are strictly const.i.tutional, and to be unhesitatingly carried into effect. And now, I fervently hope that the question is at rest,"

etc.

In the month of December, upon the a.s.sembling of Congress, the President, in his message to that body, again referred to slavery as "a subject which had been set at rest by the deliberate judgment of the people." But on the 15th of December, nine days after the message of the President had been received by Congress, Mr. Dodge, of Iowa, submitted to the Senate a bill to organize the territory of Nebraska, which was referred to the Committee on Territories. After some discussion in the committee, it was finally reported back to the Senate by Mr. Dougla.s.s, of Illinois, with amendments. The report was elaborate, and raised considerable doubt as to whether the amendments did not repeal the Missouri compromise. A special report was made on the 4th of January, 1854, so amending the bill as to remove all doubt; and, contemplating the opening of all the vast territory secured forever to freedom, startled the nation from the "repose" it had apparently taken from agitation on the slavery question, and opened an interminable controversy.

On the 16th of January, Mr. Dixon, of Kentucky, gave notice that he would introduce a bill clearly repealing the Missouri compromise. The first champion of the repeal of the compromise of 1820 was a Northern Senator, Stephen A. Dougla.s.s, of Illinois. He hung a ma.s.sive argument--excelling rather in quant.i.ty than in quality--upon the following propositions:

"From these provisions, it is apparent that the compromise measures of 1850 affirm, and rest upon, the following propositions:

"_First._--That all questions pertaining to slavery in the territories, and the new States to be formed therefrom, are to be left to the decision of the people residing therein, by their appropriate representatives, to be chosen by them for that purpose.

"_Second._--That 'all cases involving t.i.tle to slaves,' and 'questions of personal freedom,' are to be referred to the adjudication of the local tribunals, with the right of appeal to the Supreme Court of the United States.

"_Third._--That the provision of the Const.i.tution of the United States in respect to fugitives from service, is to be carried into faithful execution in all 'the original territories,' the same as in the States.

"The subst.i.tute for the bill which your committee have prepared, and which is commended to the favorable action of the Senate, proposes to carry these propositions and principles into practical operation, in the precise language of the compromise measures of 1850."

Mr. Dougla.s.s said:

"The legal effect of this bill, if pa.s.sed, was neither to legislate slavery into nor out of these territories, but to leave the people to do as they pleased. And why should any man, North or South, object to this principle? It was by the operation of this principle, and not by any dictation from the Federal government, that slavery had been abolished in half of the twelve States in which it existed at the time of the adoption of the Const.i.tution."

On the 3d of February, Mr. Chase, of Ohio, moved to amend by striking out the words, "was superseded by the principles of the legislation of 1850, commonly called the compromise measures, and," so that the clause would read: "That the Const.i.tution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said territory of Nebraska as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6, 1820, which is hereby declared inoperative."

Mr. Chase then proceeded to reply to Mr. Dougla.s.s. He called attention to that part of the President's message which referred to the "repose"

of the subject of slavery, and then said:

"The agreement of the two old political parties, thus referred to by the Chief Magistrate of the country, was complete, and a large majority of the American people seemed to acquiesce in the legislation of which he spoke. A few of us, indeed, doubted the accuracy of these statements, and the permanency of this repose.

We never believed that the acts of 1850 would prove to be a permanent adjustment of the slavery question. But, sir, we only represented a small, though vigorous and growing party in the country. Our number was small in Congress. By some we were regarded as visionaries, by some as factionists; while almost all agreed in p.r.o.nouncing us mistaken. And so, sir, the country was at peace. As the eye swept the entire circ.u.mference of the horizon and upward to mid-heaven, not a cloud appeared; to common observation there was no mist or stain upon the clearness of the sky. But suddenly all is changed; rattling thunder breaks from the cloudless firmament. The storm bursts forth in fury. And now we find ourselves in the midst of an agitation, the end and issue of which no man can foresee.

"Now, sir, who is responsible for this renewal of strife and controversy? Not we, for we have introduced no question of territorial slavery into Congress; not we, who are denounced as agitators and factionists. No, sir; the quietists and the finalists have become agitators; they who told us that all agitation was quieted, and that the resolutions of the political conventions put a final period to the discussion of slavery. This will not escape the observation of the country. It is _slavery_ that renews the strife. It is slavery that again wants room. It is slavery with its insatiate demand for more slave territory and more slave States. And what does slavery ask for now? Why, sir, it demands that a time-honored and sacred compact shall be rescinded--a compact which has endured through a whole generation--a compact which has been universally regarded as inviolable, North and South--a compact, the const.i.tutionality of which few have doubted, and by which all have consented to abide."

But notwithstanding the able and eloquent speech of Mr. Chase, his amendment only received thirteen votes. The debate went on until the 3d of March, when the bill was placed upon its pa.s.sage, and even then the discussion went on. When the vote was finally taken, the bill pa.s.sed by a vote of 37 yeas to 14 nays. The bill went to the House, where it was made a subst.i.tute to a bill already introduced, and pa.s.sed by a vote of 113 yeas to 100 nays as follows: